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Legal Disclaimer

Nothing in this blog should be relied on as legal advice. The information contained herein does not create an attorney/client relationship. The articles posted are intended for entertainment and general information purposes only. Laws vary state by state. Anyone seeking legal advice for a specific situation should consult a qualified probate lawyer or similar qualified professional in the appropriate state.

Deborah claimed that the Codicil (or will amendment) dated less than two weeks before Brando's death was actually forged, and that the co-executors of the Estate committed fraud to hide the forgery.

But the co-executors filed a motion asking the judge -- again -- to dismiss the challenge. This time, the judge agreed with them. He ruled that the claim was filed too late. The will and codicil were accepted into probate back in August, 2004. Deborah's lawyers had filed her claim (the first time) more than three years later.

The judge also ruled that Deborah lacked legal "standing" to make the challenge in court, because neither she nor her ex-husband were direct beneficiaries of Brando's will. Of course, Marlon's son, Christopher, likely was a beneficiary of Marlon's trust that in turn was a beneficiary of the Estate, so indirectly, they had an interest. But, the law in California was that it was not a sufficient interest. So Deborah's case was thrown out of court.

Deborah Brando appealed to the California Court of Appeals. On July 30th, the three appellate judges quickly disposed of the appeal and agreed with the probate judge that the case was to be closed. You can read the Court of Appeals decision here.

Now Deborah is out of options. As I wrote originally, three strikes in this case certainly means she's out. Her lawyers will not be permitted to change the paperwork and try again.

One has to wonder how many of the courtroom battles would have been prevented if his final months hadn't been spent under such suspicious circumstances. Brando had dementia and many other medical ailments, including extreme paranoia. He was bedridden and wasn't able to leave his room, causing many people to allege that he was taken advantage of before he died.

But these cases are never easy. Prevention is always the best cure. Families must watch elderly loved ones with dementia or Alzheimer's disease carefully to make sure they are protected. The consequences of not doing so can be too severe.

Deborah claimed that the Codicil (or will amendment) dated less than two weeks before Brando's death was actually forged, and that the co-executors of the Estate committed fraud to hide the forgery.

But the co-executors filed a motion asking the judge -- again -- to dismiss the challenge. This time, the judge agreed with them. He ruled that the claim was filed too late. The will and codicil were accepted into probate back in August, 2004. Deborah's lawyers had filed her claim (the first time) more than three years later.